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MAT: Town Law Review - Shared screen with speaker view
Kenneth Bayliss
Sorry to have gone over!!
Kenneth Bayliss
Rich, if you do not own mineral rights you do not technically own property in "fee simple absolute", but I think when most are referring to owning the fee, they are not thinking about the mineral rights and would say that you own the fee even if you did not own the mineral rights.
Kenneth Bayliss
Jared, It's my understanding that they were not being taxed for lakeshore, but that's certainly something that might be considered in the future. I have not looked at that though.
Steve Fenske
Kathy, the town can send a bill but there isn't a requirement they pay it. Nor can it be placed on taxes without some ordinances and/or processes to accomplish it. You need to work with the town attorney if you want to try that kind of action. A town may be able to use a special assessment to recover at least some costs related to work in the right of way. But with a special assessment, the town can recover only the amount that the property is increased or restored in value. If the town board responds quickly to planting in the right of way, then it probably will be inexpensive. If the town has allowed the trees to grow, its expensive and you're less likely to get the money you spend to remove them.
Steve Fenske
Be cautious in removing trees - follow the statute carefully!
Kenneth Bayliss
Mary, As to your cartway question, when you create a cartway you create what is a terminable easement, unless the cartway is converted to a private driveway per the statute. But these issues are not certain because the courts have never addressed many of the questions related to cartways vs. roads. That's the best answer we can give until the courts provide more guidance. I think that a cartway generally just creates a terminable easement, but again there are some uncertainties in this area of the law because so few cases.
Kenneth Bayliss
Doug, the question of trees in the right of way that do not affect travel is complicated. The trees may not interfere with travel, but if they interfere with the drainage of the road, e.g. they are in the ditch, they could certainly be removed. Also, if they threaten the condition of the ditches or road if left in place. I think that even the notion that you do not want trees along the road because you want it to dry out better and therefore require less maintenance might be sufficient. Of course, the MATIT library has materials on brush and tree clearing issues and I urge you to take advantage of them
Kenneth Bayliss
Kathy, I am not aware of the basis for billing township landowners for removing trees, but I have never looked into the issue. Might be a good question for Steve. I've never heard of it.
Kenneth Bayliss
I've gone through these chats chronologically and now see that Steve has already responded to them. Steve is authoritative and I don't disagree with anything he says---particularly the caveat to be careful when cutting trees.
Mary V. - Idun Township Clerk
Can we receive copy of chat so we have the answers accessible?
Are Townships liable for waters flowing through culverts and road ditches
Leslie Rosedahl
Hi Mary - sure - we can get the chat question/answers on the MAT website after the sessions.
Pat from the Town of Wuori
Is it over 40 or over 8 per day?
Bill Schneider
Might have missed this in the 1st hour, but need legal definition of road that township has control over. Is it a road is 66' wide, or that it is always 33'wide from the center. Or are there exception? If the road sits along side land that is not platted. OR ANY OTHER EXCEPTIONS.
Duane Nelson
What are the minimum wages beginning January 1, 2022?
Catherine Dietrich
Does any of this information provided pertain to Elected Officials? i.e. Should an employee handbook be provided to an elected official.
Pat from the Town of Wuori
Thank you